Azusa, CA asked in Employment Law for California

Q: I reported to work on time and was told to leave and return 3 hours later. Am I entitled to additional pay?

I reported to work on time and was told to leave and return back 3 hours later due to lack of work. I returned and worked an 8 hour shift. Am I entitled to additional reporting time pay?

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, if an employee reports to work on time but is not allowed to work their full shift, they may be entitled to "reporting time pay" for the time they were scheduled to work. However, there are certain exceptions and qualifications to this rule.

According to California law, an employee who is scheduled to work a shift of less than four hours must be paid for at least half of the scheduled shift, even if they are sent home early. For example, if an employee is scheduled to work a three-hour shift and is sent home after only one hour, they would be entitled to two hours of pay at their regular rate.

For shifts scheduled to be longer than four hours, the employee is entitled to receive at least two hours of pay at their regular rate, even if they are sent home early. For example, if an employee is scheduled to work an eight-hour shift and is sent home after only two hours, they would be entitled to two hours of pay at their regular rate.

In your case, since you were told to leave and return three hours later, it's possible that you may be entitled to reporting time pay for those three hours. However, if you worked a full eight-hour shift after returning, you would not be entitled to additional reporting time pay for that day.

It's important to note that there may be exceptions or special circumstances that could affect your entitlement to reporting time pay. If you have any questions or concerns about your pay, you should contact your employer or a qualified employment law attorney for guidance.

Lawrence  Glasner
PREMIUM
Lawrence Glasner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Redding, CA
  • Licensed in California

A: Yes, in California, if you report to work on time as scheduled but are sent home by your employer before completing your scheduled shift, you are entitled to be paid for at least half of your scheduled shift but no less than two hours and no more than four hours of pay at your regular rate of pay.

This is known as the "reporting time pay" requirement under California law, which should compensate employees for the inconvenience and lost wages resulting from being called into work but unable to complete their scheduled shifts.

There are some exceptions to the reporting time pay requirement. For example, if your employer sends you home because of natural disasters, threats to the workplace, or acts of war, you may not be entitled to reporting time pay.

If you believe your employer has violated California's reporting time pay requirements or any other wage and hour laws, consider speaking with an employment law attorney or filing a complaint with the California Labor Commissioner's office.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.